Senator Mark Kelly Faces Legal Challenges in Pentagon Investigation

Senator Mark Kelly, a retired Navy captain and astronaut, is under investigation by the Pentagon for alleged misconduct. This investigation stems from a video where Kelly and five other Democratic lawmakers urged service members to refuse illegal orders. The Pentagon cited the Uniform Code of Military Justice (UCMJ) as the basis for the investigation, which could potentially lead to Kelly being recalled to active duty for court-martial proceedings. Legal experts, however, argue that Kelly's actions do not violate any provisions of the UCMJ. Eugene R. Fidell, a military justice professor at Yale Law School, stated that Kelly's actions do not come close to violating any UCMJ articles, including those related to sedition. Fidell predicts that the case will not make it to court and will likely be dismissed. The investigation process is complex and involves several steps before reaching a court-martial. A commanding officer must first receive a report of the alleged offense, conduct a preliminary inquiry, and then decide whether to arrest and confine Kelly pre-trial. However, a commander could choose not to take any action, which could halt the investigation. President Donald Trump and Defense Secretary Pete Hegseth have publicly criticized Kelly and the other lawmakers in the video, accusing them of seditious behavior. Legal experts argue that these comments could constitute unlawful command influence, making it difficult for the case to proceed fairly. Trump has a history of making comments that could be seen as unlawful command influence, such as his remarks about Bowe Bergdahl's case. Kelly has the option to challenge the investigation in federal court if he is recalled to active duty. Rachel VanLandingham, a former Air Force lawyer, believes that Kelly has a strong case for an injunction against his recall. She argues that there would be no impartial tribunal in the military due to the involvement of Trump and Hegseth. Legal experts also argue that Kelly's comments do not violate military laws related to sedition or mutiny. David Schwendiman, a former senior Justice Department lawyer, stated that it would be difficult to pursue charges under these laws based on Kelly's actions. Hegseth has accused Kelly of bringing discredit upon the armed forces, but experts caution that the investigation is more about intimidation than any actual violation of military law.